HSSCCG-16-Q-00264_Amendment_2.pdf

HSSCCG-16-Q-00264

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number HSSCCG-16-Q-00264 is issued as a request for quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-76. This solicitation is an open market, competitive small business set-aside and the associated NAICS code is 484121, General Freight

Trucking, Long-Distance, Truckload, which has a small business size standard of $27.5 million.

A list of contract line item number(s) and items, quantities and units of measure is listed below in

Section A. See the Statement of Work below for a description of requirements for the items to be acquired. The provision 52.212-1, Instructions to Offerors—Commercial, applies to this acquisition as does the addendum to the provision found below. Offerors shall include a completed copy of the provision 52.212-3, Offeror Representations and Certifications—

Commercial Items, with its offer. The clause at 52.212-4, Contract Terms and Conditions

Commercial Items, applies to this acquisition as does the addendum to the provision. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive

Orders—Commercial Items, applies to this acquisition. Additional FAR clauses cited in this clause are applicable to the acquisition and can be found below. Additional contract requirements or terms and conditions necessary for this acquisition and consistent with customary commercial practices shall be found in the terms and conditions.

Section A

This is a request for quote for a Firm Fixed Price (FFP) purchase order, which shall provide regularly schedule shipments of palletized boxes of files to be delivered to the National Record

Center (NRC) and Harrisonburg File Facilities (HBG) from the Nebraska Service Center (NSC).

BASE YEAR PERIOD 07/01/2016-12/31/2016

CLIN Item Description Qty. Unit

CLIN

Shipping cost from NSC to NRC in accordance with the attached shipping schedule.

12 EA

CLIN

Shipping cost from NSC to HBG in accordance with the attached shipping schedule.

6 EA

OPTION 1 PERIOD: 01/01/2017-06/30/2017

CLIN

Shipping cost from NSC to NRC in accordance with the attached shipping schedule.

12 EA

CLIN

Shipping cost from NSC to HBG in accordance with the attached shipping schedule.

6 EA

OPTION 2 PERIOD: 07/01/2017-12/31/2017

CLIN

Shipping cost from NSC to NRC in accordance with the attached shipping schedule.

12 EA

CLIN

Shipping cost from NSC to HBG in accordance with the attached shipping schedule.

6 EA

OPTION 3 PERIOD: 01/01/18-06/30/2018

CLIN

Shipping cost from NSC to NRC in accordance with the attached shipping schedule.

12 EA

CLIN

Shipping cost from NSC to HBG in accordance with the attached shipping schedule.

6 EA

FAR CLAUSES INCORPORATED BY REFERENCE

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

http://www.acquisition.gov/far.

(End of clause)

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

(MAY 2015)

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2014)

52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

ADDENDUM TO FAR 52.212-4

Invoicing Instructions:

(a) In accordance with FAR Part 32.905, all invoices submitted to USCIS for payment shall include the following:

(1) Name and address of the contractor.

(2) Invoice date and invoice number.

(3) Contract number or other authorization for supplies delivered or services performed

(including order number and contract line item number).

(4) Description, quantity, unit of measure, period of performance, unit price, and extended price of supplies delivered or services performed.

(5) Shipping and payment terms.

(6) Name and address of contractor official to whom payment is to be sent.

(7) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(8) Taxpayer Identification Number (TIN).

(b) Invoices not meeting these requirements will be rejected and not paid until a corrected invoice meeting the requirements is received.

(c) USCIS’ preferred method for invoice submission is electronically. Invoices shall be submitted in Adobe pdf format with each pdf file containing only one invoice. The pdf files shall be submitted electronically using the “To” line in the e-mail address to

USCISInvoice.Consolidation@ice.dhs.gov with each email conforming to a size limit of 500

KB.

http://www.acquisition.gov/far mailto:USCISInvoice.Consolidation@ice.dhs.gov

(d) If a paper invoice is submitted, mail the invoice to:

USCIS Invoice Consolidation

PO Box 1000

Williston, VT 05495

(End of Addendum)

FAR CLAUSES IN FULL TEXT

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAR 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

(Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of

Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)

(Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

(41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

(15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

__X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O.

13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

___ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and

13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__X_ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

(E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and

112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul

2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul

2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter

67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter

67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause

52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed two years.

HOMELAND SECURITY ACQUISITION REGULATION (HSAR) CLAUSES

INCORPORATED BY REFERENCE

3052.212-70 CLAUSES BY REFERENCE

The full text of HSAR clauses may be accessed electronically at this internet address:

http://www.dhs.gov/xlibrary/assets/opnbiz/cpo_hsar_finalrule.pdf

3052.205-70 Advertisements, Publicizing Awards, and Releases (SEP 2012)

3052.242-72 Contracting Officer's Technical Representative (DEC 2003)

HSAR CLAUSES INCORPORATED BY FULL TEXT

HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE

EXPATRIATES (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland

Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity.

The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal

Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section

1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held— http://www.dhs.gov/xlibrary/assets/opnbiz/cpo_hsar_finalrule.pdf

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and

(5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland

Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities

(including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the

Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of Clause)

HSAR 3052.242-72 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE

(DEC 2003)

(a) The Contracting Officer may designate Government personnel to act as the Contracting

Officer's Technical Representative (COTR) to perform functions under the contract such as review or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the Contractor within five working days after contract award or for construction, not less than five working days prior to giving the contractor the notice to proceed. The designation letter will set forth the authorities 52-45 06-01-2006 HSAR and limitations of the

COTR under the contract.

(b) The Contracting Officer cannot authorize the COTR or any other representative to sign documents, such as contracts, contract modifications, etc., that require the signature of the

Contracting Officer.

3052.205-70 ADVERTISEMENTS, PUBLICIZING AWARDS AND RELEASES (SEP

2012)

(a) The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

(b) All advertisements, releases, announcements, or other publication regarding this contract or the agency programs and projects covered under it, or the results or conclusions made pursuant to performance, must be approved by the Contracting Officer. Under no circumstances shall the

Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity, release, or commercial advertising without first obtaining explicit written consent to do so from the

Contracting Officer.

Statement of Work

1. TITLE OF PROJECT

The Nebraska Service Center has a need for regularly scheduled shipment of palletized boxes of file to be delivered to the National Record Center (NRC) and Harrisonburg File Facilities

(HBG).

2. PERIOD OF PERFORMANCE

This requirement consists of a Base Period and 3 Optional 6 month Periods, for a maximum of 2 years.

3. PLACE OF PERFORMANCE

Pick-up/Point of Contact location

DHS/USCIS/Nebraska Service Center

Denney Federal Building, Loading Dock

100 Centennial Mall North

Lincoln, NE 68508

4. TECHNICAL POINT OF CONTACT

DHS/USCIS/Nebraska Service Center

Thi Luong

Lincoln, NE 68508

Phone (402) 219-6079

5. SERVICE REQUIREMENT

Pallets will be filled and shrink-wrapped by the Nebraska Service Center Staff prior to the arrival of the shipping contractor. The pallets will be staged at the dock area for pick-up. The shipping contractor shall load the pallets into the shipping container at the Denney Federal Building

Loading Dock. The shipping contractor will unload the pallets at the delivery location’s dock.

A local file operations supervisor will be present to ensure the content of the files in the filled/shrink-wrapped pallets are loaded by the shipping Contractor and all pallets are accounted for. The shipping contractor is required to have a metal or plastic seal with an ID or serial number at the time of pick-up.

Once the pallets are loaded, the shipping contractor is required to seal the container doors with a contractor-furnished seal. The seal serial number used for the shipment shall be provided to the point of contact at the pick-up location prior to departure. After the container is sealed, the contractor will have to take full responsibilities of the container until it is delivered to the destination. Only the receiver or law enforcement personnel are allowed to break the seal. The contractor is allowed to break the seal only at the direction of the USCIS designated point of contact or law enforcement personnel.

Should it become necessary to tamper with, break, or remove the seal due to unforeseen circumstances, such as law enforcement requirement or weigh station inspections, etc., the contractor shall notify the Nebraska Service Center point of contact immediately to report the breaking of the seal and the reason. In addition, the contractor shall replace the seal with a new one and provide the Nebraska Service Center point of contact with the seal ID # immediately. In all cases, the contractor shall provide copies of all written documentation (if it exists) regarding the incident to the Nebraska Service Center point of contact.

The contractor is required to report any lost, damaged, or destroyed pallets to USCIS’ Technical

Point of Contact as soon as the incident occurs.

The contractor shall provide a dedicated truck with a container (trailer) for transport. The contractor shall transport only Nebraska Service Center pallets, regardless of quantity (even if one pallet), to destination. The contractor shall not mix loads. Each shipment of pallets shall be considered a Full Truck Load (FTL) regardless of the number of pallets shipped.

The contractor shall not transport content from other business, individuals, or create compartments inside the container to transport items from other entities.

The content of the pallets include cardboard file storage containing unclassified but sensitive A-

File and/or receipt files. Up to 24 pallets will require shipment to the NRC and up to 12 pallets will require shipment to HBG. Pallets will be loaded with up to 45 boxes per pallet. Each box weight approximately 32 lbs. A full pallet will measure approximately 48” x 40” and weight approximately 1,440 lbs.

All three facilities involved (pick-up facility and delivery facilities – NRC & HBG) have a dock and normal dock height (NOTE: The pick-up facilities has a maximum dock length of sixty (60) feet which may result in the truck having to disconnect from it trailer during loading operations).

All three locations can provide the driver with use of a manual pallet jack to load and unload the pallets. The driver may bring an electric pallet jack if desired, but the NSC cannot store the electric pallet jack at the pick-up location. The driver can pick-up the pallets at the pick-up location, the NSC, between 0800-1400. Inside pick-up and delivery is required.

Shipments will be available for pick-up on Wednesdays for HBG as well as the first and third

Monday of every month for the NRC per the attached schedule except for Federal Holidays.

When a Federal Holidays falls on a shipment date, the pick-up shall be made on a Tuesday (day after the federal holiday) instead. Delivery is dock to dock. Delivery shall occur within a reasonable amount of time it takes to travel to the delivery location. Files shipped between NSC and NRC shall be delivered the same day. Files shipped between NSC and HBG shall be delivered within 3 business days.

The driver shall provide the Nebraska Service Center warehouse personnel a Bill of Lading at pick up of the pallets for transport. Bill of lading must be submitted to the assigned technical point of contact two days prior to shipment.

The truck driver shall deliver the contents from dock to dock within 3 business days to HBG and one business day to NRC from the date of pick-up. In the event of a delay in delivery 1 day or more, even though it may fall within the allotted delivery time frame, the contractor shall immediately notify the Nebraska Service Center point of contact at the phone number listed above.

After each delivery the contractor will e-mail the Nebraska Service Center point of contact the date and time the pallets were delivered to the destination. This information may be included on a revised Bill of Lading in lieu of e-mail. The contractor’s Bill of Lading shall become property of the Government and shall be kept with the contract.

Off schedule shipments/ optional deliveries may be required. The Nebraska Service Center will provide the contractor notice of the off schedule shipment/ optional delivery at least five business days in advance of the desired pick-up date. Terms and conditions will remain the same as scheduled shipments.

Should cancellation of a scheduled delivery occur, the NSC will provide the contractor notice to the contractor at least five business days in advance of the pick-up date.

6. DELIVERY LOCATIONS

Shipments will be delivered to the following two (2) locations, alternating between locations weekly. Delivery acceptance hours at both facilities are as follows:

National Record Center (NRC)

150 Space Center Loop

Lee’s Summit, MO 64064

Deliveries accepted between 0800-1400, Wednesday’s only

Harrisonburg File Facility (HBG)

1344 Pleasant Drive

Harrisonburg, VA 22801

Deliveries accepted between 0700-1500, Monday through Friday

7. TENTATIVE DELIVERY SCHEDULE

See attached.

8. SECURITY REQUIREMENTS

FACILITY ACCESS CONTROL

The Contractor will observe all internal building security regulations that apply to any and all buildings concerning this contract. The Contractor will only enter the facility or building with continuous escort service during their work hours and they will depart the facility or building after work hours. When entering and departing the facility or building each contractor must sign in and out as required at the site.

EMPLOYMENT OF ILLEGAL ALIENS

Subject to existing law, regulations and other provisions of this contract, the Contractor shall not employ illegal or undocumented aliens to work on, or with this contract. The Contractor shall ensure that this provision is expressly incorporated into any and all subcontracts or subordinate agreements issued in support of this contract.

9. DOCUMENTATION

The bills of lading furnished by the shipping Contractor will become property of the government and will be kept in the contracting Officer’s file. The shipping Contractor will also furnish the

National Traffic Service with a copy of the bill of lading.

10. Points of Contact (POC)

The USCIS Technical POC for this requirement is:

Thi Luong, telephone (402) 219-6079, email: Thi.A.Luong@uscis.dhs.gov mailto:Thi.A.Luong@uscis.dhs.gov

(The section below will be removed after award)

FAR PROVISIONS INCORPORATED BY REFERENCE

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these address(es):

http://www.acquisition.gov/far or http://farsite.hill.af.mil/vffara.htm

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUL 2013)

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

Proposal Submission:

Submit one original electronic version of the proposal to: Sara.Riordan@uscis.dhs.gov and

Gale.C.Bonnett@uscis.dhs.gov.

The proposal shall be received by 10:00 AM ET, June 29, 2016.

The offer shall be divided into two separate volumes as indicated below and each volume shall be submitted in its own file(s) in Adobe (.pdf) format.

TITLE PAGE LIMIT

Volume I:

(Technical Proposal)

Factor 1- Corporate Experience (last 3 years for same/similar work)

5 page maximum

Volume II:

(Business Proposal)

Factor 2- Price

No page limit

An offer not complying with these instructions may be rejected at the Contracting Officer’s discretion.

http://www.acquisition.gov/far http://farsite.hill.af.mil/vffara.htm mailto:Sara.Riordan@uscis.dhs.gov mailto:Gale.C.Bonnett@uscis.dhs.gov

Basis of Award / Evaluation of Offers:

Award shall be made using the lowest price technically acceptable (LPTA) process in order to determine the best value to the Government. The Government shall conduct an evaluation of the

3 factors described below.

Factor 1- Technical Approach

Volume I will be used to evaluate this factor. The Government shall consider the following as it relates to the offeror’s technical approach and the confidence the Government has in the offeror’s ability to meet the Government’s expectation:

Factor 2- Price (Business Proposal)

Volume II will be used to evaluate this factor. The proposed price will be evaluated for reasonableness.

FAR PROVISIONS INCORPORATED BY FULL TEXT

FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the

Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

2014)

In compliance with the Service Contract Labor Standards statue and the regulations of the

Secretary of Labor (29 CFR part 4), this clause identified the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contract agency subject to the provisions of 5 U.S.C. 5341 or

5332.

Title Series Title Grade Step Annual Rate 2016

Driver (Lee Summit, MO)

WG-5703

Motor Vehicle

Operator

GS-0302-02 4 $25,617.00

Driver (Harrisburg, VA)

WG-5703

Motor Vehicle

Operator

GS-0302-02 4 $25,613.00

(End of Provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (OCT 2014)

(This provision is required in full text only if the vendor has not completed its presentations and certifications in ORCA, or it is not covered in the underlying contract)